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Juries in the Japanese Legal System
Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.
Global Constitutionalism from European and East Asian Perspectives
Examines and compares East Asian and European perspectives of Global Constitutionalism.
EU-Japan Relations, 1970-2012
This book presents a comprehensive overview of EU-Japan relations from 1970 to the present. It charts developments over the period, analyses key specific areas of importance to the relationship, and concludes by assessing how the relationship is likely to develop going forward. Throughout, the book discusses the factors on both sides which motivate the relationship, including Japan’s concern to secure markets for its advanced industrial products, and the factors motivating current negotiations for a deeper and more comprehensive economic and cooperative partnership.
Japan, the European Union and Global Governance
This timely book explores the relationship between Japan and the European Union as they work increasingly closely together in many areas of global governance. It discusses the most salient areas of such cooperation from a range of perspectives, while examining not just convergences but also differences. Written by experts from both Europe and Japan, interdisciplinary chapters investigate both actors' current approaches to global governance and multilateralism as well as providing a historical perspective on their bilateral relations. The book explores their cooperation in areas stretching from trade and finance to security in light of the recent EU-Japan Economic Partnership Agreement and St...
Japanese Investment and British Trade Unionism
This book revisits the long contested negotiation between the Thatcher administration and Nissan for the latter's first green-field plant in Europe. From the very beginning, the plant took Britain’s EC/EU membership and tariff-free access to the single market as a token. A considerable amount of aid including component supplies was provided to attract Japanese investment and to prevent its transfer to the continent. The successful launch of Sunderland highlighted improved Anglo-Japanese relations and put an end to the Japan-EC/EU trade conflict. But the price was paid by Nissan’s slump and fall, and by trade unions in both countries failing to keep counterchecks on management. Brexit and the fall of Carlos Ghosn were a double blow to Anglo-Japanese relations which are in a state of drift and need redefinition.
The Missing American Jury
This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.
International Commercial and Investor-State Arbitration
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Designing Indicators for a Plural Legal World
Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.
Juries, Lay Judges, and Mixed Courts
Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.
International Law as Constructive Resistance towards Peace and Justice
Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.
